HomeMy WebLinkAboutminutes02-18-10 MINUTES February 18, 2010
The Kauai Liquor Control Commission held a regular meeting on Thursday,
February 18, 2010, at 4:00 p.m. in Meeting Room #3 of the Lihue Civic Center,
Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii, to transact business as did
properly come before the meeting as follows:
ROLL CALL: In response to roll call, Chair Gerald Matsunaga, Vice Chair Shirley Akita
and Commissioners Pauline Ventura, Clifford Nakea, William Gibson, Myles Shibata
and Gary Pacheco were present.
APPROVAL OF AGENDA: Vice Chair Akita made a motion, which was seconded by
Commissioner Ventura, and unanimously carried, to approve the hearings and regular
meeting agendas as prepared by the Director.
VIOLATION HEARINGS:
1 . BRICK OVEN PIZZA: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Corey Aguano, President, and Mr. Dustin Gummerus, Vice President, represented
the licensee and admitted to the charge.
In reading the report, Mr. Aguano stated it was pretty true and accurate. Mr. Aguano
said their server used bad judgment. In looking at the ID, it said she was a minor until
January, but their server still put the Bud Light in front of her.
Commissioner Pacheco wondered why the waitress still served the minor after checking
the ID. Mr. Aguano said she made a mistake. She's not a bad person. She works for
the Department of Education and just made a mistake that night.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 fine against Brick Oven Pizza and
suspend payment of$1 ,000 if there is no recurrence of this violation for 1 year.
2. GRINDS ESPRESSO: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Kirk Marois, Member, represented the licensee and admitted to the charge.
Commissioner Shibata's presence was noted at 4:06 p.m.
Mr. Marois stated that he had a class on IDs, they have the ID book and they have the
age appropriate date posted. The employees are trained, yet the waitress proceeded to
give the customer the beer that night. Her excuse is that they look at so many different
forms of ID.
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MINUTES February 18, 2010
Commissioner Gibson asked if the waitress is still with him and Mr. Marois replied that
he did not fire her. Mr. Marois stated that she is one of his best workers.
Commissioner Pacheco inquired about refresher training on ID checking. Mr. Marois
stated that since this happened, he has made every server come and get their blue
card. Commissioner Pacheco thought a session every 2 or 3 months would prevent a
repeat violation. Mr. Marois stated that this incident is a real shock of reality to them.
He felt that maybe an all-day blue or red card class with role playing would be helpful.
Vice Chair Akita asked how the waitress explained the situation to him. At first, Mr.
Marois stated that she just broke down and cried. A few days later, she said that the
phone was ringing and there were customers in front of her. She said she had never
seen anything like that before and was confused. She asked for an ID but didn't do the
math. The minor was very confident and his waitress took this as a non-verbal clue that
she was of age.
Responding to Commissioner Ventura's inquiry about staffing, Mr. Marois stated that
they had 2 cooks and 1 server working that shift. Miss Rohner was the only server.
Commissioner Nakea made a motion, which was seconded by Commissioner Pacheco,
and unanimously carried, to assess a $2,000 penalty against Grinds Espresso and
suspend payment of$1 ,000 provided there is no recurrence of this violation for a period
of 1 year.
3. KEOKI'S PARADISE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Jaime Arreola, Regional Manager, and Mr. Derek Kessler, General Manager,
represented the licensee and admitted to the charge.
Mr. Kessler stated that this happened because of poor performance by their server.
She checked the ID and she said she thought it was a 1 instead of a 7. The waitress
thought it was January when the minor turns 21 . Mr. Kessler said they have a zero
tolerance policy and the server was terminated that night after she returned from the
police station.
Mr. Kessler went on to say that they have training for their employees. They do TIPS
and ID 101 . They've also had the investigators down at the restaurant to give classes
to the employees. They also have mandatory meetings every 3 months and IDs are
part of all these meetings. Following the violation, they had a meeting with all servers
and bartenders and the managers now go through the restaurant every day asking them
what is the date when someone turns 21 .
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MINUTES February 18, 2010
Commissioner Nakea asked if it's his experience that the employees are not impressed
by a $2,000 fine and/or 1 year in jail. Mr. Kessler thought that seeing their fellow
employee being taken away by the police had a definite impact. The newspaper articles
also had an impact.
Commissioner Shibata asked if she was a long-time employee and Mr. Kessler
indicated that she was. She left for about 6 months and just came back to work, but she
went through all the training before returning.
Mr. Arreola stated that KONG radio had callers all day on this subject. Sales to minors
have been in the newspaper and on the radio and they are embarrassed by this
infraction. Mr. Arreola said they're dealing with it and let the employee go.
Commissioner Ventura asked if the arrests are making an impact. Mr. Arreola felt that
the arrests make an absolute impact. The consequences of losing her job and being
fined are definite impacts.
A motion was made by Commissioner Nakea, seconded by Commissioner Pacheco,
and unanimously carried, to fine Keoki's Paradise $2,000 and suspend payment of
$1 ,000 if there is no further violation of this section for 1 year.
4. MARIACHI'S MEXICAN CUISINE: Violation of Section 281-78(b)(1)(A), HRS,
Prohibitions.
Ms. Emelia Portillo, President, represented the licensee and admitted to the charge.
Ms. Portillo stated that the waiter got confused when checking the ID. He was confused
on the date. He knew the minor's birthday was in January, but he was not sure of the
day.
Vice Chair Akita inquired about training and Ms. Portillo stated that they have training.
They have meetings and they train the employees. In the training, Vice Chair Akita
asked if the employees are shown a minor's drivers license and Ms. Portillo said they
are.
A motion was made by Commissioner Nakea, seconded by Commissioner Pacheco,
and unanimously carried, to fine the licensee $2,000 and suspend payment of$1 ,000 if
there is no recurrence of this violation for 1 year.
5. MARKET STREET DINER: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Edward Valencia, Member, represented the licensee and admitted to the charge.
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MINUTES February 18, 2010
Mr. Valencia said he had no excuses. They made a mistake and he apologized for it.
Mr. Valencia stated that between 2:00 p.m. and 5:00 p.m., they usually schedule only 1
person since it's normally a slow period. On this day, it was busy. Mr. Valencia stated
that this employee is dependable, she's a single mom, and she feels awful. Mr.
Valencia said they have only 14 employees and they now have 2 people working this
shift. With the bad economy, Mr. Valencia stated that they took a chance with 1 person
for that time period and they cannot take a chance again. The employees are told to
check IDs, they are sent in for their blue cards and they continue to do training. For
whatever reason, Mr. Valencia stated that the server just didn't card this time. She said
she was extremely busy and it just happened.
Mr. Valencia stated that he will send his employees in for their blue cards. The session
on IDs and intoxicated persons are very helpful.
A motion was made by Commissioner Nakea, seconded by Commissioner Shibata, and
unanimously carried, to fine Market Street Diner $2,000 and suspend payment of
$1 ,000 if there is no further violation of this section for 1 year.
6. PAR 4 DA COURSE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions.
Mr. Joseph Tavares, President, represented the licensee and admitted to the charge.
Mr. Tavares explained that they open at 1 :00 p.m. and he was working. The girls came
in and he carded them but he wasn't paying attention to what was going on. Mr.
Tavares stated that it's normally a little busy when they first open and he just made a
big mistake.
Since he was the only employee, Commissioner Gibson asked if he had to close the
premises when he was arrested. Mr. Tavares explained that he called another
employee to come in. They did lose a little revenue, but it was his mistake.
Commissioner Ventura asked if it was crowded and Mr. Tavares said there were several
older people in the place. He normally has an older crowd so he really should have
taken notice that these young girls entered.
Commissioner Nakea made a motion, which was seconded by Commissioner Gibson,
and unanimously carried, to assess a $2,000 fine against Par 4 Da Course and suspend
payment of$1 ,000 provided the licensee does not violate this section again for 1 year.
Vice Chair Akita commented that one licensee was confused on the date, whether it
was a 1 or a 7. In the department's training, do we speak to what to do if you're
confused.
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MINUTES February 18, 2010
Investigator Cecil Baliaris stated that during these compliance checks, the minors are
told not to lie about their age if they are asked. Servers just need to ask, "How old are
you?"
Investigator Larry Moises explained that he does a power point presentation and
emphasizes that servers should check IDs and look at each ID presented to them.
Commissioner Ventura thought it's unfortunate, but the reality is that if they're busy,
they're providing service first.
The Commission adjourned the hearings agenda and continued with the agenda for the
regular meeting.
1 . DIRECTOR'S REPORT:
(a) INVESTIGATORS' REPORTS.
(b) INCOMING COMMUNICATIONS:
(1) From W. J. Deutsch & Sons, Ltd., Re: Sales Agent for Luksusowa Vodka.
(2) From Constellation Wines U.S., Re: Ruffino $3 Mail-In-Rebate and Nobilo
$3 Off Seafood Promotions.
(3) From Lorenzo Moises, Gerald Rapozo and Cecil Baliaris, Jr., Re:
Declaration of Political Activity.
(4) From Pizzetta (Koloa), Re: Re-scheduling of Violation Hearing.
(c) OUTGOING COMMUNICATIONS:
(1) Notice of Hearing to Brick Oven Pizza, Grinds Espresso, Keoki's Paradise,
Mariachi's Mexican Cuisine, Market Street Diner, and Par 4 Da Course.
(2) Findings of Fact to The Westin Princeville Ocean Resort Villas, Lighthouse
Bistro, The Waioli Cafe, Olde Cannery Fuel & Mart and Pizzetta (Koloa).
(3) To All Wholesale Licensees, Re: New Liquor Licenses.
(d) EMPLOYEES IN LICENSED PREMISES:
Managers and Assistant Managers — See attachment.
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MINUTES February 18, 2010
(e) ACTIONS OF THE DIRECTOR:
(1) WALDRON NORTON LILLY INTERNATIONAL, LLC: Approval of
Application Nos. 2010-83, 2010-84 and 2010-85 filed on January 29, 2010
by Waldron Norton Lilly International, LLC dba same for Transient Vessel
licenses aboard the M/S Carnival Spirit and Nippon Maru on various dates
while docking at Nawiliwili Harbor, Kauai, Hawaii.
(2) ZONTA CLUB OF KAUAI FOUNDATION: Approval of Application No.
Free 2010-20 filed on January 30, 2010 by the Zonta Club of Kauai
Foundation for a Free One-Day Special Retail Dealer Beer & Wine license
on February 12, 2010 at the Aston Kauai Beach at Makaiwa Paddle Room,
650 Aleka Loop, Kapaa, Kauai, Hawaii.
(3) MALAMA KAUAI: Approval of Application No. Free 2010-21 filed on
February 4, 2010 by Malama Kauai for a Free One-Day Special Dispenser
Beer & Wine license on February 20, 2010 at Living Farms LLC "Common
Ground" property, 4900 Kuawa Road, Kilauea, Kauai, Hawaii.
(4) ANAHOLA ANCIENT CULTURE EXCHANGE: Approval of Application No.
Free 2010-22 filed on February 11 , 2010 by the Anahola Ancient Culture
Exchange for a Free One-Day Special Dispenser Beer & Wine license on
February 12, 2010 at the Kauai Veterans Center, 3215 Kapule Highway,
Lihue, Kauai, Hawaii.
(5) DA KINE WINE: Approval of special requests to conduct wine tastings on
February 6 & 13, 2010 from 4:00 p.m. to 7:00 p.m.
(6) THE WINE SHOP: Approval of special request to conduct tastings of 4
varieties of wine on February 6, March 6, April 3, May 1 , and June 5, 2010
from 2:00 p.m. to 8:00 p.m. and pursuant to Rule 2.13(e), exception to
serving size of no more than 1 1/4 ounce of each variety of wine equaling 5
ounces in total per customer is approved.
(f) INFORMATIONAL MATTERS.
A motion was made by Commissioner Pacheco and seconded by Vice Chair Akita to
approve the above Director's Report.
Under item (f), the Director recapped some of the bills still alive in the legislature. There
are some concerns about HB 2017 which extends the power to appoint liquor
administrators to the adjudication boards. HB 2818 defines dancing, and HB 2905
prohibits the use of false IDs by minors to purchase liquor. SB 2276 prohibits liquor in
public housing common areas because of problems in Honolulu. SB 2474 establishes
immunity from prosecution if a minor summons for help for another minor requiring
medical treatment as a result of consuming liquor. SB 2545 regulates BYOB
establishments as a result of noise problems in Honolulu where BYOB places are
primarily karaoke bars.
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MINUTES February 18, 2010
The Director also provided a synopsis of the proposed amendments to the Rules &
Regulations. The rules are being amended to include a new class of license, the
condominium hotel, created by State statutes. This necessitated adding new definitions
for condominium hotel guest rooms and creating fees and hours of business for this
new class. Also proposed are rules to incorporate the recently passed State law
requiring liquor licensees to show proof that they are insured for a minimum of
$1 ,000,000 for liquor liability. Another amendment increases the current amount an
individual may be served during an alcohol tasting event. These tasting events are
being more popular and licensees many times offer 4 varieties of wine and a maximum
of 2 ounces of wine in cumulative means they can only serve Y2 ounce of each variety to
a customer. The Director believed 1 ounce per variety is a sufficient amount to sample
a product, yet not have 2 full drinks. Another proposal details what information is
required when filing a disturbance report and requires that the report be typed.
The motion to approve the Director's Report was put and carried.
2. CHANGE IN CORPORATE OFFICERS:
WAIMEA BREWING COMPANY, INC.: Addition of David Curry, Vice
President/Director, R. Michael Lee, Director, and John McCormack, Director.
A motion was made by Vice Chair Akita, seconded by Commissioner Ventura, and
unanimously carried, to approve the above change in corporate officers of Waimea
Brewing Company, Inc.
3. CHANGE OF FIRM NAME:
BLOODY MARY'S OCEANFRONT BAR AND GRILL: Change of firm name on
Application No. 2010-76 from "Bloody Mary's Oceanfront Bar and Grill" to "Oasis on
the Beach".
Vice Chair Akita made a motion, which was seconded by Commissioner Pacheco, and
unanimously carried, to approve the above change of firm name on Application No.
2010-76 to Oasis on the Beach.
4. NEW LIQUOR LICENSE:
CASA BIANCA PIZZA PIE: Application No. 2010-89 was filed on February 9, 2010
by Casa Bianca Kapaa, LLC dba Casa Bianca Pizza Pie for a Restaurant Beer &
Wine, live entertainment but no dancing license located at 4-1345B Kuhio Highway,
Kapaa, Kauai, Hawaii. Deposited $450.
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MINUTES February 18, 2010
A motion was made by Vice Chair Akita, seconded by Commissioner Ventura, and
unanimously carried, to accept Application No. 2010-89 for publication and public
hearing and to print notices of public hearing in The Garden Island newspaper on
Wednesdays, February 24 & March 3, 2010, scheduling the public hearing on Thursday,
April 15, 2010 at 4:00 p.m. or shortly thereafter in Meeting Room #3 of the Lihue Civic
Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii.
5. DEFERRED MATTER:
Proposed amendments to Rules & Regulations.
The Director stated that the proposed amendments were already covered.
Commissioner Shibata noted the staffs effort and work in the community and
acknowledged the good work.
ADJOURNMENT: There being no further business to transact, Chair Matsunaga
adjourned the meeting at 5:05 p.m.
Respectfully submitted,
Christine Nakaahiki
Commission Secretary
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